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Home My WebLink AboutD2025-A Amendment to Permanent and Temporary Construction Easement for Bob Jones PathwayRECORDING REQUESTED BY: And WHEN RECORDED RETURN TO: Clerk of the Board of Supervisors Administrative Office 1055 Monterey St., Ste. D430, San luis Obispo, CA 93408 February 25, 2025, ltem No. 27 2A25A05195 Elaina Cano Sin Luis 0bIspo - County Clerk-Recorder 0212612025 12177 Pll CONFORMED COPY Coov of document recorded. Hit'not been compared uith original AMENDMENT TO PERPETUAL EASEMENT AGREEMENT (AND TEMPORARY CONSTRUCTTON EASEMENT) BOBJONES PATHWAY RECORDING REQUESTED BY: County of 5an Luis Obispo AND WHEN RECORDED RETURN TO: Director of Public Works County of San Luis Obispo 976 Osos Street, Room 206 San Luis Obispo, CA 93408 APN(s): 07 6-061 -075, 076-061 -078 and 076-121-018 [San Luis Obispo County] R/W Parcel No. 22-1 2,01,03,07 SPACE ABOVE THIS tINE FOR RECORDER'S USE No recording fee per Government Code 61 03 No Documentary Transfer Tax per R&T Code 1 1 922 No BUILDING HOME ANDJOBS ACTS Fee per Government Code 27388.1(aX2) AMENDMENT TO PERPETUAL EASEMENT AGREEMENT (AND TEMpORARy CONSTRUCTTON EASEMENT) BOBJONES PATHWAY This Amendment No. 1 executed this 25 aay ot F&rq*ra , zo25- hereby amends PERPETUAL EASEMENT AGREEMENT (AND TEMPORARY CONSTRUCTTON EASEMENT) BOB JONES PATHWAY ('Agreemenf'), recorded September 23,2024, as Document No. 2024A26814 in the Official Records of San Luis Obispo County, by and between the County of San Luis Obispo, a political subdivision of the state of California ("Count1/'), and City of San Luis Obispo, a California Charter Municipal Corporation ("Grantof'), as set forth herein. WHEREAS, the Grantor granted the County the Agreement for the BobJones pathway,,Gap Closure,, Project WBS 320096 ("Projecf'); and WHEREAS, the parties desire to amend the Agreement to: (a) amend the payment amount; (b) amend the term and include specific term language; (c) include Title Vl language; and (d) append Exhibits B and 81. NOW, THEREFORE, the County and Grantor hereby agree as follows: 1 . The amount shown in clause 2.A. of the Agreement is amended to $g3,700. 2, Clause 10 of the Agreement is deleted in its entirety and replaced with the following: "10. Temporary Construction Easement. ln addition to the Easement, Grantor hereby further grants to County a Temporary Construction Easement (TCE") on the Propertywithin that cenain area depicted on the Right of Way Map attached as Exhibit "D" attached hereto and made a part hereof, for the purpose of all reasonable construction and construction support activities related to the Project including but not limited to the stockpiling of materials, soil, and Page 1 of5 equiPment. The TCE shall commence on March 15,2025 and shall terminate on March 15,ZOZ} or upon the project's Construction Contract Acceptance date, whichever shall occur first. The amount shown in clause 2.A. herein includes, but is not limited to, full payment for said TCE, including severance damages, if any. Prior to commencing utilization of the TCE, at the Count/s expense, an existing conditions inventory will be prepared for the TCE area and agreed upon by Grantor and County that it is representative of the condition of the TCE. Upon completion of Project construction, the TCE area shall be generally restored to the condition that existed prior to construction in accordance with the documentation in the existing conditions inventory, to the extent reasonably practical." 3. Clause 18 and 1 9 of the Agreement are added: "18. Title Vl. The parties to this Agreement shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title Vl of the Civil Rights Act of 1964. This requirement under Title Vl and the Code of Federal Regulations is to complete the USDOT-Non- Discrimination Assurance requiring compliance with Title Vt of the Civil Rights Act of 1964,49 C.F.R. Part 21 and 28 C.F.R. Section 50.3. 19. Anti-Discrimination. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this Agreement." 4. Append Exhibit B and Exhibit B1 of the Agreement with Exhibit B and Exhibit B1 attached hereto. 5. All provisions of the Agreement not affected by this Amendment No. 1 shall remain unchanged and in fullforce and effect. 6. This Amendment No. 1 may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement. IS|GNATURES ON THE FOLLOWING pAGEt Page 2 of 5 lN WITNESS WHEREOF, this Amendment is hereby entered into by the parties hereto, upon the date shown signed by the County of San Luis Obispo. GRANTOR: City of San Luis Obispo, a California Charter Municipal Corporation By: Printed Name:Frir-a A rt Title: Mavor CALI FORN IA ALL-PU RPOSE ACKNOWLEDGMENT Dated: €/7 20{ crvrl coDE 1189 Notary Publ ic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of document. State of California County of San Luis Obispo on1?lar,rr.a^, r.. +20?56efore me,Notary Public, personally (name) appeared who proved to be me on a basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certiflT under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J @_ v^LtRlE r{00RE Notrry Publlc ' Crllfotnlr San Lull 0bhpo CountY Commlrrlon f, 2189198 Comm,ray tr, 2021 WITNESS my hand and official seal. Signatu Signature of Public Place Notary SealAbove Page 3 of5 COUNTY OFSAN LUIS OBISPO County of 5an Luis bispo oated/2o?J.zG^ ATTEST:*l , l ..'. MATT PONTES Clerk of the B-oard of Supervisors aiat Clerk FORM AND LEGAL EFFECT: .."\...,,_r, . . : :l:rr' :r. .. APPROVED AS TO RITA L. NEAL County Counsel By: County Counsel Easement Agreement-SLO.docx Dated .lanuarv 15 20&. ob Jones Trail 320096\_Owners\22-1 2.01 ,03,07 City of SLO\Amendment\Amendment Page4of $ A notary public or other officer cornpleting this certificate verifies only the identity of the individual who $gnedth.e document to Which this certificate is attached, and not the truthfulness, accuracy; or validity of that document. CALI FORN IA NOTARY ACKNOWLEDG EM ENT State of California County of San Luis Obispo On February 25. 2025, before me, Niki Martin. Deputy Clerk of the Board of Supervisors, (lnsert the name and title of the officer) personally appeared Dawn Ortiz-Legg, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within instrument and acknowledged to me that heGhe/they executed the same in his/hg/their authorized capacity(ies), and that by his/hgtheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certifiT under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officialseal. Matthew P. Pontes, County Administrative Officer and Ex-Officio Clerk of the Board of Supervisors Signature (sEAL) Deputy Clerk of the Board of Supervisors ?aqc 5 o# 5 EXHIBIT B LEGAL DESCRIPTION PERMANENT EASEMENT File no: 00'19-0101-01 December 19,2024 That portion of Government Lot 1 of Section 16, all in Township 31 South, Range 12 East, Mount Diablo Base Meridian, in the County of San Luis Obispo, State of California, according to the official plat of said land thereof approved by the Surveyor's General's Office on June 12, 1872lying southeasterly of the southeasterly sideline of the Grant of Easement according to the PERPETUAL EASEMENT AGREEMENT, (AND TEMPORARY CONSTRUCTTON EASEMENT), BOB JONES PATHWAY recorded on September 23, 2O24 as Document Number 2024026814 of Official Records in the County Recorder's Office of said County and lying northwesterly of a line lying 15.00 feet southeasterly of and parallel and concentric with the following described line: COMMENCING at a found 2" brass cap station 655+31.04 99.07' left shown on the State of California Division of Highways Coordinate Control Map S.L.o.-101 PLM 24.81o 27.9 sheet 2 of 2 ref data = F.B. Doc. 3077 on file at the District 5 Office from which a found 1.25" diameter iron pipe, no tag, shown as a 1.25" diameter iron pipe tagged RcE 6923 (s.M.#26) on Parcel Map No. co 72-183, according to the map recorded March 11, 1973 in Book 10, Page 94 of Parcel Maps of said county, shown as station "ER" 551+06.14, 320.61' left on the State of California Division of Highways Right of Way Map 05-SLO-101 Old SLO-2-E dated 1947 sheel24 of 32 on file at the District 5 Office bears South 24" 44'55" West 9916.90 feet [South 24' 44' 35" West 9916.86 feet calculated from data shown on said Coordinate Control Map and said Right of Way Mapl: Thence South 22" 48'02" West, 3487.46 feet to the beginning of non-tangent curve to the left having a radius of 121.00 feet to which a radial line bears South 31'41'09" East; Thence along the arc of said curve through a central angle of 30' 38' 32" a distance of 64.71feet to the beginning of a reverse curye to the right having a radius of 200.00 feet; Page 1 of 3 of Exhibit B Thence along the arc of said curve through a central angle of 24" 38' 02" a distance of 85.99 feet; Thence South 52' 18'21" West, 142.55 feet to the TRUE POINT oF BEGINNING; Thence South 54' 36' 42" West, 1 15.58 feet; Thence South 51" 32'52" West, 380.87 feet to the beginning of a tangent curve to the left having a radius of 100.00 feet; Thence along the arc of said curye through a central angle of 31' 47' 18" a distance of 55.48 feet to the POINT OF TERMINATION; The bearings and distances of this legal description are based upon the California Coordinate System of 1983, CCS83, Zone 5 projection, (2010.00) in accordance with the California Public Resources Code Sections 8801-8819; and are based locally upon field-observed ties to the following National Geodetic Survey (NGS) Continuously Operating Reference Stations (CORS) with the published station values as tabulated below: The Combined Scale Factor, Convergence Angle and the values used to calculate them are shown below: All coordinates and distances shown, unless otherwise noted, are in terms of the U.S. Survey Foot (sFT). As used in tables above, Elevation refers to derived California Orthometric Heights ("COH88") or equivalent of the point where the mapping angle and combination factor were calculated in terms of the North American Vertical Datum of 1988 ("NAVD88") and Height refers to the vertical value of the California CORS Station Northing (sFT) Easting (sFT) NAD 83(2011) Ellipsoid Height (sFT)Accuracy P51 3 2,163,030.39 5,767,197.37 935.70 Not Published P523 2,309,259.76 5,708,342.54 137.74 Not Published Northing (sFT) Easting (sFT) Elevation (sFT) NAD 83(2011) Ellipsoid Height (sFT) Convergence Angle Combined Scale Factor 2,276,161.7A 5,756,930.66 61.952 -52.836 -1"32'.09.24"0.99996 Page 2 ot 3 of Exhibit B Geodetic Coordinate or equivalent ellipsoid height used to calculate the combination factor. Distances shown hereon or inversed from coordinates shown hereon are in reference to CCS83. To approximate local ground distances, divide by the Combined Scale Factor provided hereon. Containing 0,16 acres more or less. The above described land is graphically shown on Exhibit 81, being s sheets, attached hereto and made a part hereof. End of Description Clayton L. Bradshaw, P.L.S.8298 Date Signed: December 19,2024 No.8298 qJ * t4tI DNAL .t OF CAL\ Page 3 of 3 of Exhibit B POINT OF COMMENCEMENT FOUND 2" BRASS CAP STATION 655+31.04 99.07' LEFT SHOWN ON THE STATE OF CALIFORNIA DIVISION OF HIGHWAYS COORDINATE MAP S.L.O. -101 PLM 24.8TO 27.9 SHEET 2 OF 2 REF DATA =F.8. DOC 3077 ON FILE AT THE DISTRICT 5 OFFICE I / I /t 0 GRAPHIC SCALE 300' 600'1,200' (rN FEET) 1lN=600FT FOUND 1.25'DIAMETER PIPE, NO TAG, SHOWN AS 1.25" DIAMETER IRON PIPE TAGGED RCE 6923 ON PARCEL MAP NO. CO72-183 (10/PM/94) AND AT "ER" STATION 551+96.14, LEFT 320.61'OF STATE OF CALIFORNIA, DIVISION OF HIGHWAYS, RIGHT OF WAY MAP O5.SLO-101, OLD SLO-2-E, DATED 1947, SHEET 24 0F 32 612 CLARION COURT sAN LUtS OB|SPO, CA 93401 T 805 514"1011 F 805 544"42S4 ww.wallac6grcup.uE SHEET 2 ( -- o 'crw oF sAN LUts oBlspo LOT'I SEC 16 T31S R12E MDM of,?l;?,:ru|?iffi:- MAINO TRUST PARCEL 1 44PM27 .-- EXHIBIT B{ R. OF LOT { SEC t6 T3{S R{2E tU GOUIIITY OF SLO, CA SHEET 1 OF 5 OF EXHIBIT 81 I JOB No. : 00'19-0101 DMWING : 0l6$l050n0n$040 DMWN BY: CLB DATE: 2024-12-18 $C/tLE: l'= 600' 54/DDSi200 LEGEND LEGAL DESCRIPTION AREA 0.16 ACRES MORE OR LESS GRANT OF EASEMENT DESCRIBED IN THE PERPETUAL EASEMENT AGREEMENT DOCUMENT NO. 2024026814 \s\ SHEET 3 T ..-.- 4 SHEET 5 TRUE POINT OF BEGINNING --_l t- I I I I I I I CITY OF SAN LUIS OBISPO LOT 1 SEC 16 T31S R12E MDM IIf POINT OF TERMINATION oF sAN LU|S OBTSPO /1708-OR-653 I POR. LOT 1 S16 T31S R12E MDM 0 GRAPHIC SCALE 50' 100'200' (rN FEEr) 1lN=100FT 812 CLARION COURT sAN LU|S OBtSPO, CA 93401 T 805 tr4-10'rl F 805 s44-4294 tw.walbsegroup.us EXHIBIT B{ OF LOT { SEG {6 T3,IS R{2E GOUNTY OF SLO| CA SHEET 2 OF 5 OF EXHIBIT 81 JOBNo.: 0019-0'101 OMWNG : 0nml050l60llYst000 DMWN 8Y: CLB DATE: 2024-12-18 SCALE: 1"= 100' / I _l T POINT OF COMMENCEMENT SEE SHEET 1 FOR DESCRIPTION f !s o) RADIAL s 31" 41'09" E LEGEND LEGAL DESCRIPTION AREA 0.16 ACRES MORE OR LESS GMNT OF EASEMENT DESCRIBED IN THE PERPETUAL EASEMENT AGREEMENT DOCUMENT NO. 2024026814 R=200.00' L=24" 38'02" L=85.99' $ TRUE POINT OF BEGINNING R=121.00' A=30'38'32" L=M.71' CITY OF SAN LUIS OBISPO LOT 1 SEC 16 T31S R12E MDM GRAPH]C SCALE 25', 50' (rN FEET) 1lN=50FT .& ".*- E t$ s 54" 36' 42" W 115.58',0 100' 612Ct R|ONCOURT sAN LU|S OB|SPO. CA 93401 T005 544'40r r F 805 tt4-{294 M.wallacsgroup.ug EXHIBIT B{ POR. OF LOT { SEG 16 T3{S R{2E MDM couNTY oF sl-o, CA SHEET 3 OF 5 OF EXHIBIT 81 JOB No,: 0019-0101 DMWING : 0iifil.0n0n0lY$.0?10 DMWN 8Y: CLB DATE: 2024-12-18 SCALE: 1"= 50'XHlttrEffi& LEGEND LEGAL DESCRIPTION AREA 0.16 ACRES MORE OR LESS GRANT OF EASEMENT DESCRIBED IN THE PERPETUAL EASEMENT AGREEMENT DOCUMENT NO. 2024026814 CITY OF SAN LUIS OBISPO 1708-0R-653 POR. LOT 1 516 T31S R12E MDM 812 CLARION COURT gAN LUtS OB|SPO, CA9340t T 805 54,1401 t F 805 5444294 ww.wsllrcggmup,us 6& CITY OF SAN LUIS OBISPO LOT 1 SEC 16 T31S R12E MDM s 54" 36' 42"W 115,59' 100' """- 0 GMPHIC SCALE 25'. 50' (rN FEEr) 1lN=50FT EXHIBIT B,I OF LOT T SEC {6 T31S R,I2E M coul{TY oF sl.o, cA SHEET 4 OF 5 OF EXHIBIT 81 JOB No.: 0019-0101 DMWING : Oli$lffi 0n0ft $0211) DMWN BY: CLB DATE: 2024-12-18 SCALE: 1'= 50' LEGEND POINT OF TERMINATION LEGAL DESCRIPTION AREA 0.16 ACRES MORE OR LESS GRANT OF EASEMENT DESCRIBED IN THE PERPETUAL EASEMENT AGREEMENT DOCUMENT NO. 202402681 4 GRAPHIC SCALE 25'. 50' (rN FEET) 1lN=50FT R=100.00' A=31'47'18" L=55.48' 100' CITY OF SAN LUIS OBISPO 1708-OR-653 POR. LOT 1 S16 T31S R12E MDM Akr ^€*O) d ss rE AtJo c4 --- 812 CLARTON COURI sAN LUrg OBTSPO, CA 9301 T 8{15 544.401 I F 805 544-4294 ww.w6llarsgadp.us EXHTBIT B'I R. OF LOT I SEC {6 T3,lS R,t2E GOUNTY OF SLO, CA SHEET 5 OF 5 OF EXHIBIT 81 JOB No. : 0019-0101 DMWING : 0l0$l{l50l80tlY$0ru} DMWN BY: CLB DATE; 2024-12-18 SCALE : 'l'= 50'uHrffiGHe